Jack Was on Trial for the Murder of Kim's Husband

question 25

Multiple Choice

Jack was on trial for the murder of Kim's husband. Kim, who was present when her husband was shot, testified at the trial: Prosecutor: Were you present when your husband was shot? Kim: Yes, I was about three feet from him. I'll never forget it. Prosecutor: Do you think you can identify the person who shot your husband? Kim: Yes, he's sitting over there, at the table with the sign that says Defense. Prosecutor: Are you positive? Now I know you picked him out of a lineup, but the judge has ruled that the lineup was not conducted properly. So I just want to make sure you are not thinking about the lineup. Kim: Oh, I know it's him. At the lineup I looked at his face and I was sure he was the man I saw shoot my husband. But I just noticed that tattoo on his neck. I've never seen a tattoo like that except the one on the man who was shooting my husband. So I'm sure it was him. Did Kim's testimony violate Jack's rights?

• A) Yes, a person who was at an improperly conducted lineup is not allowed to make an identification of the defendant in court.
• B) Yes, the prosecution is not allowed to introduce any testimony about an improperly conducted lineup.
• C) No, Kim is basing her in-court identification on a different factor than what she used to identify Jack at the lineup.
• D) No, the prosecution is allowed to have witnesses identify Jack as long as the defense has the opportunity to cross examine them.

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Definitions:

Visceral Smooth Muscle

The type of smooth muscle found in the walls of internal organs such as the stomach, intestines, and blood vessels, not under conscious control.

Toxins

Poisonous substances produced by living organisms that can cause harm to humans or other organisms.

Severely Injured

A condition characterized by serious harm or damage to the body, requiring immediate medical attention and care.

Peristalsis

A series of wave-like muscle contractions that moves food through the digestive tract.